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Chapter V - Governing Bodies
Section I - General provisions
Article 35
1- The governing bodies of SPORTING CLUBE DE PORTUGAL are as follows: a) The General Assembly ('Assembleia Geral'), the respective Bureau ('respectiva Mesa') and its President; b) The Board ('Conselho Directive'); c) The Fiscal and Disciplinary Council ('Conselho Fiscal and Disciplinar'); d) The Leonino Council ('Conselho Leonino'). 2- Relative members are considered, for purposes of the present statues, title holders ('titulares') or members ('membros') of the governing bodies indicated in the anterior provision, with the exception of members ('Sócios') that form the General Assembly. 3- There will also be a Commission of Remunerations, composed of: the President of the Bureau of the General, that will preside; the President of the Board; and the President of the Fiscal and Disciplinary Council that will establish the salaries of the members of the Executive Commission and define the remuneration policy of the Club, as far as is legally possible, towards its corporate affiliates.
Article 36
1- Members of governing bodies must comply with and enforce the statues and regulations of the Club and exercise their respective functions with the highest level of dedication and exemplary civic and moral behaviour. 2- Members of governing bodies are jointly responsible for deliberations, with the exception of when recorded with a vote of disharmony ('discordância'), registered by the act of meeting where deliberations are made, or by assisting the functionality of such a meeting in cases of proved absence. 3- The responsibility referred to in the anterior number shall cease as soon as the General Assembly approves relative deliberations, except if such a decision has been taken in malice or fraud. 4- Should the Club be required to compensate for prejudices resulting from joint or isolated deliberations made by governing bodies that have/are acting in violation of the law of the statutes, the Club may exercise the right of redress against respective members. 5- The President of the General Assembly may take the necessary measures and executions of the provisions of the anterior paragraph by convening an extraordinary union of the General Assembly, where the respective proposal will be the subject to the vote of the General Assembly..
Article 37
1 - The mandate of title holders of governing bodies is for four years. 2- Without prejudice to the regime fixed in the present statutes for the cases of early ceasing of mandate, the title holders of governing bodies shall remain in office until the proclamation of their successors. 3- In case of early elections, the associated year will occur as a full year of mandate of the incumbent, unless elections are held during the first of June and the thirty first of July..
Article 38
1 - Mandate is ceased in the case of death, physical impossibility, loss of the quantifier as member, loss of mandate in the cases of the provisions in number 2 of article 33 and in number 4 of article 34, situation of incompatibility, resignation or dismissal. 2- In addition to the situations expressly provided for in these statutes, other cases that constitute the termination of mandate of all title holders of respective governing bodies are: a) When the Board interrupts ('cessação') the mandate of the majority of its elected members; b) When the Fiscal and Disciplinary Council interrupts the mandate of the majority of its elected members, after calling the alternatives, if they exist, to effect; c) When the Bureau of the Assembly General interrupts the mandate of the respective President and Vice-President; d) When the Leonino Council interrupts the mandate of the majority of its elected members in terms of provision c) of number 1 of article 62..
Article 39
1 - Except in cases provided for in these present statutes, the quality of title of a governing body of SPORTING CLUBE DE PORTUGAL is incompatible with the quality of a title of another. 2- The quality of title of a governing body of SPORTING CLUBE DE PORTUGAL is further still incompatible with the exercise of functions for other clubs, sporting societies or activities promoted by such bodies. 3- The incompatibility fixed by the anterior provision is excluded in the case that a sporting club, society or other activity promoted by such a body practices a medium that is not practiced or dedicated to by whatever medium of professional practice of SPORTING CLUBE DE PORTUGAL or by sporting societies the Club supports or promotes, including "Satellite Clubs". 4- The quality of a title of a governing body of SPORTING CLUBE DE PORTUGAL is still further incompatible with the exercise of functions for commercial societies of other sporting clubs, directly or indirectly, have founded, with the exception of those envisaged by number 3 of this article. 5- No candidate to a title of a governing body of SPORTING CLUBE DE PORTUGAL is permitted if they would be determined incompatible upon election, other than cases where the candidate waves the condition that determines them incompatible upon election. 6- The supervenience of, relative to titles of governing bodies of SPORTING CLUBE DE PORTUGAL, a situation of incompatibility determines automatically the loss of mandate..
Article 40
1 - Resignation is presented to the President of the Bureau of the General Assembly, except for situations in which he/she is he resignee, in which case it is presented to the president of the Fiscal and Disciplinary Council. 2- The effect of resignation does not depend upon the acceptance of such presentation as set out in the above provision. The position resigned is to remain occupied until the final day of the next month to which it was presented, unless a substitution of the resignee has already been established. 3- However, if the resignation, individual or collective, constitutes cause for the interruption of mandate of all members of the body, the resignation only takes effect with the appointment of successors, with exception of those appointed by commission as noted in article 42, when the body is substituted.
Article 41
1 - The mandate of members of governing bodies is revocable, individually or collectively, in terms of the provisions of the law. 2- The revocation of mandate of members of the Board and members of the Fiscal and disciplinary Council depends upon the presence of a just cause and is subject to the deliberation of elected Assembly, which precedes the decision to call the first to effect, with indication of whom the member or members of the bodies of the club are, whose removal is to be voted on. 3- The General Assembly elections that rule on such dismissal are to be held no later than twenty one days after the decision to hold a vote on such an issue has been taken. 4- The process for dismissal is ceased in the case of resignation of the member or members in question, producing in this case a resignation of immediate effect, with the exception of that provisioned for in number 3 in the anterior article..
Article 42
1 - If there is cause for interruption of the mandate of all offices of the Board or of the Fiscal and Disciplinary Council or if, there are convened any elections for whichever of these bodies that do not have candidates, it can in the first case, and should, in the second case exist a commission of management or a fiscal commission, or both, as designated by the President of the General Assembly, composed of an odd number of staff members with more than five years of uninterrupted subscription at the Club, to carry out the functions that lie respectively as functions of the Board or Fiscal and Disciplinary Council, and that will have the same powers as one or the other, conforming with the respective case. 2- In such cases, there ought to be, within a period of six months, convened an election in the General Assembly for the election of the Board, of the Fiscal and Disciplinary Council or both, conforming to the relative case, which ceases the functions of the commission that existed in cause of the proclamation of those elected.
Chapter II - General Assembly
Article 43
1 - In the General Assembly, composed of those staff members in the full enjoyment of their rights and admitted for a period not less than twelve months, resides the supreme power of the Club. 2- With each decade of uninterrupted subscription, the relative staff member gains three additional votes, for the purposes of voting in General Assemblies, for the application of their convictions and for the proposing of candidatures.
Article 44
1 - It is exclusively the General Assembly that holds the power and is as in the following statutes and laws: a) The altering of statutes of the Club and the ensuring of their compliance; b) The Appointment and dismissal of members of governing bodies; c) Decisions about materials referred to in numbers 2 and 3 of article 6; d) The fixing or the altering, based upon proposal, the importance of quotas and other obligatory contributions; e) Decisions about exhibitions or petitions presented by governing bodies or by members and to decide on the exercise of activities and other respective qualities; f) Decisions about the readmission of members that have been expelled; g) Declaring the resources that have been brought before it; h) The awarding of honorary distinctions those, in statutory and regulatory terms, are within its jurisdiction; i) To consider and vote on the budget of receipts and expenditures, within the respective plan of activities for the relative economic year; j) To discuss and vote on the management report and the accounts report, and the opinion of the Fiscal Council for the relative economic year; l) To authorise and the realisation of loans and other operations of credit that exceed an amount twenty percent of the budget of the anterior year; m) To authorise the Board to take financial compromised that exceed ten percent of the ordinary budget and additional forces; n) To authorise, based upon the fundamental proposal of the Board, the acquisition and alienation of property and guaranties that effect property. 2- The General Assembly may delegate to the Leonino Council, for a term not superior to one year, the exercising of competencies referred in provisions l), m) and n) of number 1. 3- Except in the case of disposition in contrary to the law of the present statutes, the deliberations of the General Assembly are taken with an absolute majority of votes associated with those present; however the deliberation of the alienation or acquisition of properties or shares requires, in the least, two thirds of votes, or the same value as deliberated by the Leonino Council about the first of those mentioned materials, taken in exercise of those duties that have been delegated by the General Assembly. 4- The General Assembly may still further decide on whatever other material or issues submitted by the President of the General Assembly, by the Board or by the Fiscal and disciplinary Council. 5- The General Assembly may create commissions for the study of whatever relevant subject of/for activities of the club, constructed of members of active electoral capacity.
Article 45
The meetings of the General Assemblies are elected and can be both ordinary and extraordinary.
Article 46
1 - The General Assembly meets ordinarily four times in four years, for the elections of the respective Bureau of its President, of the Board and of the fiscal and Disciplinary Council, and to select the members in may place upon the Leonino Council. 2- The ordinary meeting of the General Assembly for elective purposes is realised during the period of the first of May and the Fifteenth (alteration approved in GA of the 29th of July 2004) of June of the year in which it should take place, in light of the respective date scheduled by the President of the General Assembly, established in terms of these statutes.
Article 47
1 - The General Assembly may meet extraordinarily for: a) The carrying out of elections, in the case of the verifying of the ceasing of the mandate of all of a governing body; b) To vote on the allocation of offices of governing bodies, under the terms provisioned for in article 41. 2- In the case of the verifying of a cause for the ceasing of mandate of all members of a governing body, the President of the General Assembly ought to convene an election for the date no later than forty five days after the occurrence of the referred cause, with the exception in case of use of the faculty provisioned for in number 1 of article 42.
Article 48
1 - The elections of the General Assemblies function without debate, they proceed only to a vote of secret ballot. 2- The functionality of the General Assemblies elections is headed by the President of the General Assembly, assisted by other members of the bureau that are representative of the lists of each competitor. 3- It is also the president that decides how many voting tables there are to be and also that indicates the respective members. 4- The General Assembly elections are realised in the headquarters of SPORTING CLUBE DE PORTUGAL, with the exception if, with invocation of relative grounds, the respective President calls for another location. 5- The General Assembly, in meeting together, may approve a regulation election. 6- The regulation that is referred to in number 5 may provide that General Assemblies are running simultaneously (but, eventually, with differences of hours of closing of polls) at the headquarters, or in another designated location, and in Supporters Clubs, pertaining in this case to the President of the General Assembly to designate delegates to work in Supporters Clubs. 7- The same regulation could further come to suppose votes of correspondence, in conditions that assure the secrecy of the same and the authenticity of ballots, by notorial or consular contact acknowledged with a signature. 8- It is to the President of the Bureau of the General Assembly to proclaim the elected, and must do so immediately after the tabulation of electoral results. 9- The proclamation involves the formal bestowal of office in the exercise of responsibilities to the proclaimed that have already been elected.
Article 49
1 - The Electing Assemblies will be convened so that, between the final day of the publication and that of the vote, not including either of the two, at least fourteen complete days and 8 complete days may run, respectively, if the vote is to elect or to dismiss. 2- The candidates are represented until the seventh day that precedes the appointed day for elections or until the first working day following that, if the seventh day is a Saturday, Sunday or holiday. 3- The candidate will have to be proposed by members with active electoral capacity that represent, in the minimum, one thousand votes and out to come accompanied with the terms of acceptance of candidates. 4- It is the President of the Bureau of the General Assembly that admits candidates, verifying their regularity. 5- The President of the Bureau of the General Assembly can give a term of forty eight hours for the correction of whatever deficiency in the presentation of the candidates, notifying to such an effect, for whatever reason, the first proponent.
Article 50
1 - The elections of the offices of the General Assembly shall be a complete list, considering the election list that gains more votes than whatever other, with the exception of those provisioned for in numbers 3 and 4 of article 62. 2- The list for the Bureau of the General Assembly will indicate the position for each candidate proposed; the lists for the Board will indicate who are to be the candidates for presidency and vice-presidency; and the lists for the fiscal and Disciplinary Council will indicate who will be the candidate for presidency and vice-presidency.
Article 51
1 - The General Assembly convenes of ordinary function two times in a year, in the periods, and with the aims, of the following: a) During the month of June, or during the month of July, if the Board has just finished being elected in the term fixed in number 2 of article 46, for the approval of the budget of receipts and expenditures, prepared by the Board, within the norms prescribed in article 33 (alteration approved in GA on the 29th of July 2004); b) Until the day of the 20th of September (alteration approved in GA on the 29th of July 2004) of the year, for the discussing and voting on the annual accounts report of the previous year and the opinion of the Fiscal and Disciplinary Council.
Article 52
1 - Extraordinarily, the General Assembly shall meet on whatever date: a) At the request of the President of the Bureau of the General Assembly; b) At the request of the Board or of the Fiscal Council; c) By the application of staff members, in the enjoying of their rights, with a minimum of one thousand and five hundred votes, since that a deposit in the treasury of the Club is needed to cover the inherent costs. 2- In the case of provision c), the Assembly may not convene without the presence of members that total a number of one thousand two hundred and fifty votes.
Article 53
1 - The General Assemblies will be convened by the medium of advertisements in two newspapers, and also the journal of the Club, entered with a minimum of eight days, if the term is not different by virtue of a provision within these present statutes. 2- The General Assemblies may only function if first convened in the presence of the absolute majority of the members who have the right to vote; when such a presence is lacking, an additional half an hour after the supposed time is given when which the Assembly is to be convened if the members present convening so determine.
Article 54
1 - The bureau of the General Assembly is composed of the following members: a) President; b) Vice-President; c) Three Secretaries. 2- The President of the Bureau of the General Assembly ought to have, in the minimum, twenty years of uninterrupted subscription as a member.
Article 55
1 - The President of the Bureau of the General Assembly is the entity more representative of the Club and has the following attributes: a) Convene the General Assembly and indicate the work thereof; b) Proclaim elected members and the respective offices, according to the proclamation, which he will sign; c) Practice all of the other acts that fall within his jurisdiction in statutory and legal terms. 2- The President shall be substituted in his absence or impediment, by the Vice-President; in the absence or impediment of this office, the remaining members of the Bureau, in the order in which they where listed when elected take the place; in the absence or impediment of all, it may be that the President is Substituted for the President of the Fiscal and Disciplinary Council or for whom someone that will represent such office.
Section III - The Board
Article 56
1 - The Board is to be composed of a number of members not inferior to five and not superior to eleven, including a designated President, who will have the vote of quality, and amongst others, Vice-Presidents, of which there is to be no more than five, and the remaining voices (alteration approved in the Scripture of the 26th of January of 1999). 2- The composition of the Board is to abide by the following regulations: a) A third of its members are to be staff members with more than twenty years of uninterrupted subscription in SPORTING CLUBE DE PORTUGAL; b) A third of its members are to be staff members with more than fifteen years of uninterrupted subscription in SPORTING CLUBE DE PORTUGAL; 3- If the division of the number of members of the Board by three does not produce a whole number, then the whole number immediately proceeding is used. 4- Except as provided in article 38, number 2, provision a), the vacancies that arise will be filled by co-optation, effected after the hearing by the Leonino Council and is subject to ratification in the first meeting of the General Assembly that convenes. 5- The Board may may still further, in the course of its mandate, enlarge its number of members, until the maximum permitted by number 1, effecting co-optations to will seats that may result from enlargement, in terms of the anterior number (alteration made on Proposal of the Board). 6- The Board may designate an executive commission, composed of three or five members, that may or may not be part of the Board, of whom may be paid in the exercising of their functions, and who will be delegated certain powers of current management of the Club.
Article 57
1 - The Board is the collegiate body of administration of SPORTING CLUBE DE PORTUGAL, it has the general function of promoting and directing the activities of its associates, practicing acts of management, representation, disposition and execution of deliberations of other bodies, which are appropriate for the realisation of the aims of SPORTING CLUBE DE PORTUGAL or for the application of these statutes. 2- It is, designated, to the Board: a) The defining and and management of the sports policy of the Club; b) Oversee the the exercise, directly or indirectly, by SPORTING CLUBE DE PORTUGAL, of commercial activities; c) To designate, from its members, the representatives of SPORTING CLUBE DE PORTUGAL in the Assembly Generals of the sporting and commercial societies provisioned in article 6, and to give them, if it wishes, instructions, and to designate whatever titles of bodies that SPORTING CLUBE DE PORTUGAL has to right to show in the referred societies; d) Provide the Fiscal and disciplinary council with whatever element is requested by it; e) To assess and order any revenue expenditure, in conformity with the budgeting norms; f) To assess the proposals of the admission of members, authorise the movement of categories and the exclusion of them, in terms of the present statutes; g) To promote the publishing, editing and managing of the Journal of the Club; h) To admit, and dispense staff and to determine their functions, categories and remunerations and to exercise whatever disciplinary measures. i) To represent the Club in its associated bodies and federations and to delegate the same representation to members of recognised reputation. 3- The designation of representatives in General Assemblies, noted in provision c) of the anterior number, may include the reporting on all meetings that occur in a period that is not to exceed two years, and may refer to several members, who, in whatever of these cases, report to the President of the Board, or whoever is his substitute, acting as a messenger for such meetings. 4- The Board ought to, in statutory terms, refer to the General Assembly for the approval of the annual budget, the management report and the accounts of exercise ('contas do exercício')
Article 58
1 - The meetings of the Board are to presided over by the respective President or, in his absence or incapacity, by the designated Vice-President. 2- The Board, with the exception of the month of August, meets, in the least, one time per month or always when it is decided by its President and a third of its members. 3- The Board may not meet without the presence of the majority of its members in activity of its functions and its deliberations may only be taken with a majority of votes of members present. 4- SPORTING CLUBE DE PORTUGAL requires the signature of two members of the Board, one of which must be the President or the Vice-President, without prejudice to the delegation of powers to the members of the executive commission and of the constitution of procurators.
Section IV - Fiscal and disciplinary Council
Article 59
1 - The Fiscal and Disciplinary Council is composed of an odd number of members from three to seven, one of which is to be the President and another to be Vice-President. 2- It may alternate the number of members not exceeding a variance of two.
Article 60
1 - It is to the Fiscal and Disciplinary Council to: a) Give its opinion about whatever matter proposed by the Board relative to the management of the Club; b) Give its opinion about the proposals of annual budgets and supplementary budgets prepared by the Board; c) Give its opinion about the management report and the accounts of exercise and other documents of accountability; d) Give its opinion about the proposals relative to the materials referred to in provisions l), m), and n) of number 44, before its submission to the General Assembly or the Leonino Council; e) Give its opinion about all matters explicitly committed in the statutes; f) To oversee administrative and financial acts of the Board, conducting a periodical examination of accounting documents of the Club and the verifying of the legality of relative payments and other costs; g) Give its opinion relatively regarding loans and other operations of credit that are made at the competency of the board; h) To review and analyse participations or complaints that where presented and substantiated by other governing bodies, collectively or individually, or of, in the least, ten staff members, against whatever member of the Club, inclusive of members that are part of governing bodies in exercise, promoting, as appropriate, on its own initiative or in the following of participations or complaints, the establishment of a disciplinary and deliberation process by a majority of, in the least, two thirds of the members in full exercise of their functions with regards to the application of the respective sanction, with the observation that if the relative member is part of the Fiscal and Disciplinary Council, they may not participate in the relative instruction or application of the disciplinary process. The relative member also may not vote on the application of sanctions, or count as a member of the body in exercise of its functions for the determination of the above referred two thirds; i) Obtain from the Board, or whoever of its members, the information and clarification that is required of whatever economic or financial operation, already conducted or in course, provided that the sequence of analysis provisioned for in f) of this number is being followed, and that doubts have arisen relative to the interests of the Club. j) Present to the Board whatever irregularities, or indications of them, that have been detected in the exercise of its functions that are capable of reproach of employees or collaborators of the Club, so as that the Board orders the necessary investigation for the conformation of the authors of such an irregularity, and to promote the proper fitting of accountability. 2- When the alleged irregularity is such that it may reproach a member of the Board, without prejudice to the competency of the disciplinary process, the Fiscal and Disciplinary shall inform the President of the Bureau of the General Assembly. 3- The members of the Fiscal and Disciplinary Council are jointly and solidarity responsible with the infractor of the respective irregularity, if they have taken note of an infraction but have not taken appropriate measures.
Article 61
1 - The Fiscal and Disciplinary council may not meet without the presence of the majority of its members in effect of its functions of deliberation and taking of majority votes of its present members. 2- The vacancies that arise in the Fiscal and disciplinary Council are to be met by the entry of alternatives, if they exist, in order that they where indicated in the list of members have been elected. 3- The President of the Fiscal and Disciplinary Council is substituted, in his absence or impediment, by the Vice-President, or, if such a replacement does not exist, by whom the President designated, or still further, in absence of the designated, by whom the Council indicates. 4- The Fiscal and Disciplinary Council can be convened by its President or by two of its members.
Section V - Leonino Council
Article 62
1 - The Leonino Council is composed of/by: a) The President(s) and Vice-President(s) of the Bureau of the General Assembly, of the Board and of the Fiscal and Disciplinary Council in exercise (alteration made in Scripture of the 26th of January of 1999); b) President(s) of the Bureau of the General Assembly, of the Management or of the Board and of the Fiscal and disciplinary Council of the anterior year or, if the person is the same as the current year, holding the same title, then the first preceding title holder of that office is eligible (alteration made in Scripture of the 26th of January 1999); c) By fifty elected staff members of the General Assembly, of which thirty, in the minimum, are to have twenty years of uninterrupted subscription (Approved in the Extraordinary General Assembly of the 5th of December 1996) or who should be substituted in their absence, for co-operation of Council, with the eligibility requirements observed, and submitted for ratification at the first General Assembly that meets (alteration made in scripture of the 26th of January 1999); d) Of member number one of SPORTING CLUBE DE PORTUGAL and by the Presidents of the Stromp Group (the members with more than fifty years) and the Lions of Portugal, in exercise (alteration made in scripture on the 26th of January 1999); 2- Each list must respect the the constant requirement of provision c) of number 1, on seniority of members. 3- If more than one competitor list for the elections provisioned in provision c) of number 1, the clearance of those elected shall be in accordance with the d'Hondt method. 4- Within each list, the establishment of the elected is to be in order of the proposal of candidates, with the exception of necessities in respect to provision c) of number 1, rather it is to that extent, the candidates with more than twenty years of uninterrupted subscription, observing, for each postponement, the reverse order of votes received by each list. 5- If the President of the Stromp Group, of the Group of members with more than fifty years ('Os Cinquentenários'), or of the Lions of Portugal, in exercise, or a member of the Leonino Council and other title, is to be substituted, for the purposes of provisions d) of number 1, by a member of the body of the respective institution that the body is part of, the designated ought to be designated the same title for such purposes and communicated to the President of the Leonino Council (Alteration made by proposal of Board).
Article 63
1 - It is to the Leonino Council: a) Ensure the observance of the statutes; b) Exercise the competencies that where delegated to it by the General Assembly, in terms of number 2 of article 44; c) To give opinion about whatever topics of interest to the Club, at the request of the President of the Bureau of the General Assembly or the Board; d) To be knowledgeable of the proposal of the annual budget, management report and yearly accounts prior to the presentation to the General Assembly, and to express itself in an advisory capacity about them; e) To present suggestions to the Board and to the Fiscal and Disciplinary Council about questions relative to the activity of the Club; f) To comply with the statutory attributes that are expressly committed to it; g) To approve and modify its rules. 2- The presidency of the Leonino Council pertains to the President of the Bureau of the General Assembly or whoever is his/her substitute. 3- The meetings of the Leonino Council are convened by the President of the Bureau of the General Assembly, at his own initiative or by request from the President of the Board, of the President of the Fiscal and Disciplinary Council, or by, in the least, one third of the elected members in terms of provision c) of number 1 of the anterior article. 4- The Leonino Council may not meet without the presence of, in the least, one third of its members elected in terms of provision c) of number 1 of article 62. |  |